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Negotiating Settlements vs. Going to Trial: Pros and Cons for Your Personal Injury Case

  • Jul 29, 2023
  • The Harr Law Firm

Close up of people shaking hands above paper and penWhen it comes to personal injury cases, one crucial decision plaintiffs must make is whether to negotiate a settlement or proceed to trial. Both options have their own advantages and disadvantages, and understanding them can significantly impact the outcome of your case. In this blog, we will explore the pros and cons of negotiating settlements and going to trial, helping you make an informed decision about the best course of action for your personal injury case.

Negotiating Settlements

Settling a personal injury case involves reaching an agreement with the opposing party—typically the insurance company—outside of the courtroom. Here are the pros and cons of opting for a settlement:


  1. Certainty and Control: By reaching a settlement, you have more control over the outcome of your case. It allows you to avoid the uncertainty of a trial and guarantees a resolution within a specific timeframe.
  2. Time and Cost Savings: Settling a case generally takes less time than going to trial, allowing you to receive compensation sooner. Additionally, it reduces legal costs associated with prolonged litigation, such as attorney fees, expert witness fees, and court expenses.
  3. Privacy: Settlements are typically confidential, protecting your privacy and preventing sensitive information from becoming public.


  1. Potentially Lower Compensation: In some cases, settling may result in a lower compensation amount than what you might receive through a successful trial verdict. Insurance companies often aim to minimize payouts and may offer less than your case is worth during negotiations.
  2. Missed Opportunity for Precedent: By accepting a settlement, you forego the chance to set a legal precedent that could benefit others who face similar circumstances. Going to trial can establish legal principles and influence future cases.
  3. Lack of Accountability: In some instances, settling may prevent the responsible party from being held fully accountable for their actions, as they may not be required to admit fault or wrongdoing.

Going to Trial

When negotiations fail or the parties cannot reach a mutually agreeable settlement, taking your personal injury case to trial becomes necessary. Consider the following pros and cons of going to trial:


  1. Potential for Higher Compensation: Trials offer the opportunity for substantial compensation, especially if liability and damages are clearly established. Juries may award larger sums, including punitive damages, to punish the defendant for their negligence or misconduct.
  2. Seeking Justice: Trials allow you to present your case in front of a judge and jury, providing an opportunity for a fair and impartial assessment. They ensure that your story is heard, and the responsible party is held accountable.
  3. Precedent and Public Awareness: Successful trial outcomes can set important legal precedents, influencing future cases and raising public awareness about certain issues. If you feel that your injury is the result of a pattern of neglect or wrongdoing, you may choose to go to trial in order to put a stop to the recurring behavior.


  1. Lengthy Process: Trials can be time-consuming, often lasting months or even years. This extended timeline may cause added stress and delay receiving compensation.
  2. Increased Costs: Litigation expenses, including attorney fees, expert witness fees, and court costs, can escalate significantly during a trial. In addition, there is always the risk of losing the case and not receiving any compensation.
  3. Uncertainty: Trials are inherently unpredictable. The outcome relies on various factors, including the judge, jury composition, and the ability of your legal team to present a compelling case.

Which Option Is Right for You?

Deciding whether to negotiate a settlement or proceed to trial is a crucial choice in any personal injury case. By understanding the pros and cons of each option, you can make an informed decision that aligns with your best interests. However, even with all of this information, you shouldn’t try to make this decision on your own. Consulting with an experienced personal injury attorney is vital to evaluating the specific circumstances of your case and receiving guidance that is tailored to your needs.

Additionally, keep in mind that hiring an attorney does not mean that you have to go to trial. Attorneys can represent you throughout the settlement negotiations to ensure that you’re receiving a fair settlement offer. If we feel that you’re not being treated fairly in these negotiations, we can help you make the decision about whether or not to proceed to trial.

If you're seeking expert advice and guidance for your personal injury case, we encourage you to contact the Harr Law Firm. Our team of dedicated attorneys is experienced in negotiating settlements and litigating cases at trial. Schedule a consultation today to discuss your options and pursue the compensation you deserve.